Mills v The King

Case [2025] SASCA 99


SUPREME COURT OF SOUTH AUSTRALIA

(Court of Appeal: Criminal)

MILLS v THE KING

[2025] SASCA 99

Judgment of the Court of Appeal  (ex tempore)

(The Honourable President Livesey, the Honourable Justice S Doyle and the Honourable Auxiliary Justice Mullins)

8 September 2025

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

This is an appeal against sentence.

The appellant pleaded guilty to one count of the sexual abuse of a child, contrary to s 50(1) of the Criminal Law Consolidation Act 1935 (SA).

The sentencing judge commenced with a sentence of eight years’ imprisonment and reduced that by 25 per cent on account of the appellant’s plea of guilty.

The appellant was sentenced to six years’ imprisonment, with a non-parole period of two years and six months.

The appellant appeals his sentence on the ground that it is manifestly excessive and seeks re-sentence pursuant to s 158(7) of the Criminal Procedure Act 1921 (SA).

Held (the Court), granting permission to appeal and dismissing the appeal:

1.Where it cannot be shown that any relevant sentencing factors were overlooked, and no irrelevant matters were taken into account, the appellant must show that the sentence was “outside the permissible range of sentences for the offender and the offence”.

2.Having regard to the whole of the circumstances of the offending and the offender, it has not been demonstrated that the sentence in this case is manifestly excessive. 

3.The starting point of eight years’ imprisonment, whilst high, needed to reflect the seriousness of the appellant’s offending and his recognition of the wrongfulness of his conduct, including the extent to which he prevailed upon an unwilling and young child. 

4.The non-parole period of just over 40 per cent of the head sentence is a very low non-parole period and clearly reflects the sentencing judge’s concern about the appellant’s intellectual functioning, likely hardship in custody and prospects for rehabilitation.

Criminal Law Consolidation Act 1935 (SA) s 50(1); Criminal Procedure Act 1921 (SA) s 158(7), referred to.

R v D (1997) 69 SASR 413, discussed.

Adam (A Pseudonym) v The King [2024] SASCA 149; Arnold v Samuels (1972) 3 SASR 585; Brooker v The King [2024] SASCA 135; Bugmy v The Queen (1990) 169 CLR 525; Director of Public Prosecutions (SA) v Jones [2021] SASCA 114; Edmonds (A Pseudonym) v The Queen [2022] SASCA 11; Giordimania v The Queen [2020] SASCFC 28; Heng v The Queen [2022] SASCA 24; Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; Kentwell v The Queen (2014) 252 CLR 601; Lee v Western Australia (2022) 303 A Crim R 340; Munda v Western Australia (2013) 249 CLR 600; Police v Chilton (2014) 120 SASR 32; Power v The Queen (1974) 131 CLR 623; R v Berry [2024] SASCA 116; R v…

Continue reading Mills v The King

Sign in free to access the full text

Details
AGLC
Mills v The King [2025] SASCA 99
Case
[2025] SASCA 99
Decision Date

CaseChat Overview and Summary

The appeal concerned the sentence imposed on the appellant, Mills, by the District Court of South Australia. The dispute revolved around the non-parole period set by the sentencing judge, which the appellant argued was excessive. The appeal was heard by the Full Court of the Supreme Court of South Australia.

The primary legal issue before the Full Court was whether the non-parole period of just over 40 per cent of the head sentence was manifestly excessive, thereby providing grounds for interference on appeal.

The Court acknowledged that the non-parole period was "very low" and indicated that it clearly reflected the sentencing judge's considerations regarding the appellant's intellectual functioning, the likely hardship she would experience in custody, and her prospects for rehabilitation. Despite this observation, the Court concluded that the appeal against the sentence should be dismissed, although permission to appeal was granted.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

The non‑parole period of just over 40 per cent of the head sentence clearly reflected her Honour’s concern about the appellant’s intellectual functioning, likely hardship in custody and prospects for rehabilitation. It is a very low non‑parole period. Conclusion Permission to appeal should be granted but the appeal dismissed.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.